Assault / Aggravated Assault

Those charged with assault or aggravated assault face serious charges that could result in significant punishment without the assistance of an experienced attorney. Depending on the nature of the incident, the alleged victim of the assault, and whether a firearm or vehicle was used to commit the act, those charged face anywhere between a month to several years in County Jail or the Illinois Department of Corrections.

While commonly confused with the criminal act of Battery, Assault and Aggravated Assault do not require any physical contact. As long as one party is placed in “reasonable apprehension of receiving a battery”, it could be an assault.

• Assault (sometimes referred to as “Simple Assault”) is the lesser of the charges. It is a Class C Misdemeanor with a maximum punishment of 30 days in County Jail and a fine of up to $1500 or a combination of the two.
• Aggravated Assault ranges from a Class A Misdemeanor with a maximum punishment of 364 days in County Jail and a fine of up to $2500 or a combination of the two; it could be as serious as a Class 3 Felony with a sentencing range of 2 – 5 years (5 – 10 years if eligible for extended term) in the Illinois Department of Corrections and a fine of up to $25,000 or a combination of the two.

It is important to hire an experienced attorney who is well-versed in criminal matters to assist in defending against these charges. Depending on the circumstances, an attorney may be able to successfully defend against the charges or mitigate the penalties imposed.

SOURCE(S): 725 ILCS 5/12-1, 725 ILCS 5/12-2